Standard Probate Applications

The below details what legal work is and is not included in a standard application for Probate to which our fixed fee lowest fee guarantee applies.

If your application is not standard, we will still work with you to offer a fixed fee service wherever possible.

A standard Probate application is limited to the following items of work:

Initial discussion with you regarding your application (by telephone or audio visual link)
Reviewing the will and death certificate for any indication that your application may not be standard
Preparing the Form 103 - Notice of Intention to Apply for a Grant ("Notice")
Arranging for the Notice to be published in the Queensland Law Reporter
Serving the Notice on the Queensland Public Trustee
Preparing the Form 101 - Application for Probate
Preparing the Form 105 - Affidavit Supporting Probate Application (limited to the standard paragraphs and assuming no evidence suggesting lack of testamentary capacity)
Preparing and signing the Form 104 - Affidavit of Publication
If relevant, preparing the Form 131 - Application for Reduction of Fees by an Individual (Parts A & B only)
Witnessing the electronic signing of all documents by audio visual link
Filing the application in the Supreme Court
Dealing with any requisition from the Court caused by us
Notifying you when probate has been granted
Sending the grant of probate to you by email

Example or items of work not included in a standard application for probate include, but are not limited to:

Advice regarding the interpretation of the will (such as where it is unclear who has been named executor)
Renunciation(s) of probate (if required)
Dealing with any requisition from the Court not caused by us (if required)
Obtaining a death certificate or divorce certificate on your behalf (if required)
Preparing the Form 131 - Application for Reduction of Fees by an Individual (Part C) (if required)
Preparing the Form 105 - Affidavit Supporting Probate Application (additional paragraphs not included in the standard paragraphs) (if required)
Preparing Form 107 - Affidavit of Due Execution of Will/Codicil (if required)
Preparing Form 108 - Affidavit of Handwriting (if required)
Preparing Form 110 - Affidavit (undated will) (if required)
Preparing Form 111 - Affidavit of Plight (if required)
Preparing Form 120 - Affidavit of Scripts (if required)
Any work relating to a caveat
Any work relating to a citation
Any work referred to a judge or in relation to an application required to be heard by a judge
Any work involving a dispute, including between executors
An application where an executor is not located in Australia or the deceased did not die in Australia.
Applications by an attorney or Guardian
Any other estate matter not related to the application for probate (such as a family provision claim, dealing with assets of making distributions)
Genealogy research
Obtaining an affidavit from a medical professional in relation to testamentary capacity
Re-advertising in the QLR (unless caused by us)

Standard Letters of Administration (intestacy) Applications

A standard Letters of Administration (intestacy) application is limited to the following items of work:

Initial discussion with you regarding your application (by telephone or audio visual link)
Reviewing the death certificate for any indication that your application may not be standard
Confirming that you have priority to apply for letters of administration
Preparing the Form 103 - Notice of Intention to Apply for a Grant ("Notice")
Arranging for the Notice to be published in the Queensland Law Reporter
Serving the Notice on the Queensland Public Trustee
Preparing the Form 102 - Application for Letters of Administration (intestacy)
Preparing the Form 109 (Affidavit (letters of administration on intestacy)) (limited to the standard paragraphs)
Preparing and signing the Form 104 - Affidavit of Publication
If relevant, preparing the Form 131 - Application for Reduction of Fees by an Individual (Parts A & B only)
Witnessing the electronic signing of all documents by audio visual link
Filing the application in the Supreme Court
Dealing with any requisition from the Court caused by us
Notifying you when Letters of Administration (intestacy) has been granted
Sending the grant of Letters of Administration to you by email

Example or items of work not included in a standard application for letters of administration include, but are not limited to:

Renunciation(s) of entitlement to apply
Dealing with any requisition from the Court not caused by us
Obtaining a death certificate or divorce certificate on your behalf
Preparing the Form 131 - Application for Reduction of Fees by an Individual (Part C)
Preparing the Form 109 (Affidavit (letters of administration on intestacy)) (additional paragraphs not included in the standard paragraphs)
Any work relating to a caveat
Any work referred to a judge or in relation to an application required to be heard by a judge
Any work involving a dispute, including between persons with priority to apply for a grant
An application where an applicant is not located in Australia or the deceased did not die in Australia.
Applications by an attorney or guardian
Any other estate matter not related to the application for letters of administration (intestacy) (such as a family provision claim, dealing with assets of making distributions)
Genealogy research
Re-advertising in the QLR (unless caused by us)

A standard reseal application is limited to the following items of work:

Initial discussion with you regarding your application (by telephone or audio visual link)
Reviewing the interstate grant for any indication that your application may not be standard
Preparing the Form 103 - Notice of Intention to Apply for a Grant ("Notice") (if required)
Arranging for the Notice to be published in the Queensland Law Reporter (if required)
Serving the Notice on the Queensland Public Trustee (if required)
Preparing the Form 112 - Application for reseal
Preparing the Form 113 (Affidavit (reseal) (limited to the standard paragraphs)
Preparing and signing the Form 104 - Affidavit of Publication
If relevant, preparing the Form 131 - Application for Reduction of Fees by an Individual (Parts A & B only)
Witnessing the electronic signing of all documents by audio visual link
Filing the application in the Supreme Court
Dealing with any requisition from the Court caused by us
Notifying you when the reseal has been granted
Sending the resealed grant to you by email

Example or items of work not included in a standard reseal application include, but are not limited to:

Any work involving the original court that issued the grant being reseal (such as obtaining a copy from that Court's registry)
Dealing with any requisition from the Court not caused by us
Preparing the Form 131 - Application for Reduction of Fees by an Individual (Part C)
Preparing the Form 113 (Affidavit (reseal) (other than the standard paragraphs)
Any work relating to a caveat
Any work referred to a judge or in relation to an application required to be heard by a judge
Any work involving a dispute, including between applicants
An application where an applicant is not located in Australia or the deceased did not die in Australia.
Applications by an attorney or Guardian
Any other estate matter not related to the reseal application (such as a family provision claim, dealing with assets of making distributions)
Genealogy research
Re-advertising in the QLR (unless caused by us)